Results for 'Rights Theory'

5 found
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  1. Rights, Harming and Wronging: A Restatement of the Interest Theory.Visa A. J. Kurki - 2018 - Oxford Journal of Legal Studies (3):430-450.
    This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of (...)
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  2. Zoopolis. A Political Renewal of Animal Rights Theories.Christiane Bailey - 2013 - Dialogue:1-13.
    Book Panel on Zoopolis including articles by Clare Palmer, Dinesh Wadiwel and Laura Janara and a reply by Donaldson and Kymlicka.
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  3. Inalienable Rights: A Litmus Test for Liberal Theories of Justice.David Ellerman - 2010 - Law and Philosophy 29 (5):571-599.
    Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable (...). Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)
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  4. Rightness as Fairness: A Moral and Political Theory.Marcus Arvan - 2016 - Palgrave MacMillan.
    This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. (...)
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  5. A Better, Dual Theory of Human Rights.Marcus Arvan - 2014 - Philosophical Forum 45 (1):17-47.
    Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they (...)
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  6. Ubuntu as a Moral Theory and Human Rights in South Africa.Thaddeus Metz - 2011 - African Human Rights Law Journal 11 (2):532-559.
    There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct a (...)
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  7. Subjective Rightness.Holly M. Smith - 2010 - Social Philosophy and Policy 27 (2):64-110.
    Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...)
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  8. Scalar Consequentialism the Right Way.Neil Sinhababu - 2018 - Philosophical Studies 175 (12):3131-3144.
    The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in accounting (...)
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  9.  62
    Why It is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based (...)
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  10. G. E. Moore and Theory of Moral/Right Action in Ethics of Social Consequences.Vasil Gluchman - 2017 - Ethics and Bioethics (in Central Europe) 7 (1-2):57-65.
    G. E. Moore’s critical analysis of right action in utilitarian ethics and his consequentialist concept of right action is a starting point for a theory of moral/right action in ethics of social consequences. The terms right and wrong have different meanings in these theories. The author explores different aspects of right and wrong actions in ethics of social consequences and compares them with Moore’s ideas. He positively evaluates Moore’s contributions to the development his theory of moral/right action.
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  11. A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights.Corey Brettschneider - 2010 - Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...)
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  12. Citizenship and Property Rights: A New Look at Social Contract Theory.Elisabeth Ellis - 2006 - Journal of Politics 68 (3):544-555.
    Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political (...)
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  13. Applying the Social Contract Theory in Opposing Animal Rights.Stephen C. Sanders - manuscript
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  14. Animal Rights and the Duty to Harm: When to Be a Harm Causing Deontologist.C. E. Abbate - 2020 - Journal for Ethics and Moral Philosophy 3 (1):5-26.
    An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This (...)
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  15.  58
    A Phenomenological Theory of the Human Rights of an Alien.William E. Conklin - 2006 - Ethical Perspectives 13 (3):411-467.
    International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither (...)
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  16. The Need for Basic Rights: A Critique of Nozick's Entitlement Theory.Casey Rentmeester - 2014 - SOCRATES 2 (3):18-26.
    Although the Libertarian Party has gained traction as the third biggest political party in the United States, the philosophical grounding of the party, which is exemplified by Robert Nozick’s entitlement theory is inherently flawed. Libertarianism’s emphasis on a free market leads to gross inequalities since it has no regard for sacred rights other than one’s right to freedom from interference from the government beyond what is essential for societal functioning. I argue that Nozick’s entitlement theory leads to (...)
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  17. Rights and Virtues: The Groundwork of a Virtue-Based Theory of Rights.Ondřej Micka - 2018 - Dissertation, University of Glasgow
    The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue (...)
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  18. The Right to Informed Consent from Georg Jellinek' Status Theory.Noelia Martinez-Doallo - 2017 - Ius Et Scientia 1 (3):206-216.
    Jellinek has defined “status” as the relationship between the State and the individual that qualifies to the last one. His theory distinguishes four types: passive or subiectionis, negative or libertatis, positive or civitatis and active or status of active citizenship. Besides controversies about its validity, it is aimed here to relate Jellinek’s contribution to the conception of informed consent developed by the Spanish Constitutional Court, as a duty to refrain for healthcare professionals (STC 37/2011, among others), i.e. a denial (...)
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  19. Human Rights, Claimability and the Uses of Abstraction.Adam Etinson - 2013 - Utilitas 25 (4):463-486.
    This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her objection (...)
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  20. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these (...) of self-defense are both justified and constrained by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)
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  21.  67
    A Rightness-Based Theory of Communicative Propriety.Daniel Drucker - 2019 - Australasian Journal of Philosophy 97 (1):121-135.
    ABSTRACTWe express and communicate many attitudes beyond belief, such as amusement, joy, admiration, hatred, and desire. I consider whether there are any general norms that would cover all of these cases. The most obvious generalisation of the most popular norms for assertion, fittingness-based theories, fail in part because it is sometimes an intrinsic good to have certain kinds of mental states. I develop an alternative, rightness-based, approach, according to which it is appropriate to communicate a mental state to an interlocutor (...)
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  22. Errata - Rightness as Fairness: A Moral and Political Theory.Marcus Arvan - manuscript
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  23. Rights of Inequality: Rawlsian Justice, Equal Opportunity, and the Status of the Family.Justin Schwartz - 2001 - Legal Theory 7 (1):83-117.
    Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it (...)
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  24. The Right in the Good: A Defense of Teleological Non-Consequentialism in Epistemology.Clayton Littlejohn - forthcoming - In Kristoffer Ahlstrom-Vij Jeff Dunn (ed.), Epistemic Consequentialism. Oxford University Press.
    There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good (...)
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  25.  50
    Right to Be Punished?Adriana Placani & Stearns Broadhead - 2020 - European Journal of Analytic Philosophy 16 (1):53-74.
    It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint of the (...)
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  26. Constitutional Rights and Proportionality.Robert Alexy - 2014 - Revus 22:51-65.
    There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...)
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  27.  23
    Rights.Duncan Ivison - 2008 - Routledge.
    The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and (...)
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  28.  86
    Rightness as Fairness.Marcus Arvan - 2016 - In Rightness as Fairness: A Moral and Political Theory. New York, USA: Palgrave MacMillan. pp. 153-201.
    Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to but superior (...)
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  29. Human Rights: Moral or Political?Adam Etinson - 2018 - Oxford University Press.
    Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these (...), where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)
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  30. Self-Governance and Reform in Kant’s Liberal Republicanism - Ideal and Non-Ideal Theory in Kant’s Doctrine of Right.Helga Varden - 2016 - Doispontos 13 (2).
    At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...)
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  31. Rights and Participatory Goods.Morauta James - 2002 - Oxford Journal of Legal Studies 22 (1):91-113.
    What sorts of things can individuals have rights to? In this paper I consider one influential negative claim: that individuals cannot have rights to so-called “participatory goods”. I argue that this claim is mistaken. There are two kinds of counter-examples, what I call “actualization rights” and “conditional rights”. Although the scope for individual actualization rights to participatory goods may be relatively narrow, individual conditional rights to participatory goods are both common and important: they are (...)
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  32. Immigration as a Human Right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be (...)
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  33. Animal Rights and the Problem of R-Strategists.Kyle Johannsen - 2017 - Ethical Theory and Moral Practice 20 (2):333-45.
    Wild animal reproduction poses an important moral problem for animal rights theorists. Many wild animals give birth to large numbers of uncared-for offspring, and thus child mortality rates are far higher in nature than they are among human beings. In light of this reproductive strategy – traditionally referred to as the ‘r-strategy’ – does concern for the interests of wild animals require us to intervene in nature? In this paper, I argue that animal rights theorists should embrace fallibility-constrained (...)
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  34.  25
    The Rights of Irregular Combatants.Michael Skerker - 2007 - International Journal of Intelligence Ethics 16 (1).
    This article discusses the rights enjoyed by irregular combatants in detention, that is, members of organized groups (who may be fighting an insurgency or engaging in terror attacks) who fail to qualify for POW status. The paradigmatic example of such a detainee would be an al-Qaeda agent.
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  35. A Modified Rawlsian Theory of Social Justice: “Justice as Fair Rights”.Rodney G. Peffer - 2008 - Proceedings of the Xxii World Congress of Philosophy 50:593-608.
    In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications (...)
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  36. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua (...)
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  37.  49
    Book Review. Marcus Arvan . Rightness as Fairness: A Moral and Political Theory[REVIEW]Charlotte Newey - 2017 - Ethics 128:230-235..
    Marcus Arvan’s Rightness as Fairness is a highly ambitious book. In fewer than 230 pages, Arvan hopes to demonstrate that we ought to evaluate moral theories in a similar manner to the sciences, that existing moral theories fall short on that evaluation, that moral normativity reduces to instrumental rationality, and that a new theory of rightness as fairness meets the scientific evaluative standards better than any of the alternatives. I’m afraid I was unconvinced that we should abandon our preferred (...)
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  38.  45
    Interpreting Hobbes’s Moral Theory: Rightness, Goodness, Virtue, and Responsibility.S. A. Lloyd - 2021 - Journal of Ethical Reflections 1 (4):69-90.
    The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.
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  39.  63
    Recognition, Responsibility, and Rights: Feminist Ethics and Social Theory.Robin N. Fiore & Hilde Lindemann Nelson (eds.) - 2002 - Rowman & Littlefield Publishers.
    This collection of papers by prominent feminist thinkers advances the positive feminist project of remapping the moral by developing theory that acknowledges the diversity of women.
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  40. The Metaphysics of Natural Right in Spinoza.John R. T. Grey - forthcoming - Oxford Studies in Early Modern Philosophy 10.
    In the Tractatus Theologico-Politicus (TTP), Spinoza argues that an individual’s natural right extends as far as their power. Subsequently, in the Tractatus Politicus (TP), he offers a revised argument for the same conclusion. Here I offer an account of the reasons for the revision. In both arguments, an individual’s natural right derives from God’s natural right. However, the TTP argument hinges on the claim that each individual is part of the whole of nature (totius naturae), and for this reason inherits (...)
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  41. Virtue Theory, Ideal Observers, and the Supererogatory.Jason Kawall - 2008 - Philosophical Studies 146 (2):179-96.
    I argue that recent virtue theories (including those of Hursthouse, Slote, and Swanton) face important initial difficulties in accommodating the supererogatory. In particular, I consider several potential characterizations of the supererogatory modeled upon these familiar virtue theories (and their accounts of rightness) and argue that they fail to provide an adequate account of supererogation. In the second half of the paper I sketch an alternative virtue-based characterization of supererogation, one that is grounded in the attitudes of virtuous ideal observers, and (...)
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  42.  54
    Deploying Racist Soldiers: A Critical Take on the 'Right Intention' Requirement of Just War Theory.Nathan Wood - 2018 - Kriterion - Journal of Philosophy 32 (1):53-74.
    In a recent article Duncan Purves, Ryan Jenkins, and B. J. Strawser argue that in order for a decision in war to be just, or indeed the decision to resort to war to be just, it must be the case that the decision is made for the right reasons. Furthermore, they argue that this requirement holds regardless of how much good is produced by said action. In this essay I argue that their argument is flawed, in that it mistakes what (...)
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  43.  19
    Latin America in Theories of Territorial Rights.Avery Kolers - 2017 - Revista de Ciencia Politica 37 (3):737-53.
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  44. Unsavory Implications of a Theory of Justice and the Law of Peoples: The Denial of Human Rights and the Justification of Slavery.Uwe Steinhoff - 2012 - Philosophical Forum 43 (2):175-196.
    Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his 'conclusions' without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to (...)
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  45. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies (...)
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  46. Does MITE Make Right? Decision-Making Under Normative Uncertainty.Brian Hedden - 2016 - In Russ Schafer-Landau (ed.), Oxford Studies in Metaethics Volume 11. pp. 102-128.
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  47. Souled Out of Rights? – Predicaments in Protecting the Human Spirit in the Age of Neuromarketing.Alexander Sieber - 2019 - Life Sciences, Society and Policy 15 (6):1-11.
    Modern neurotechnologies are rapidly infringing on conventional notions of human dignity and they are challenging what it means to be human. This article is a survey analysis of the future of the digital age, reflecting primarily on the effects of neurotechnology that violate universal human rights to dignity, self-determination, and privacy. In particular, this article focuses on neuromarketing to critically assess potentially negative social ramifications of under-regulated neurotechnological application. Possible solutions are critically evaluated, including the human rights claim (...)
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  48. Just Cause and 'Right Intention'.Uwe Steinhoff - 2014 - Journal of Military Ethics 13 (1):32-48.
    I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. (...)
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  49. Reconceptualizing Human Rights.Marcus Arvan - 2012 - Journal of Global Ethics 8 (1):91-105.
    This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international (...)
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  50. Human Rights, Freedom, and Political Authority.Laura Valentini - 2012 - Political Theory 40 (5):573-601.
    In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to (...)
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